BLAW Final review (Chapter 28 & 29)

With respect to property law, which of the following would likely be classified as a fixture? A throw rug A Furnace A sofa A car

A Furnace

In the case of tenancy in common, who has the right to partition the property? Partitioning is not allowed under the law. Partitioning requires a unanimous vote of the co-tenants. The majority owner has an absolute right to partition. All co-tenants have an absolute right to partition.

All co-tenants have an absolute right to partition.

Which of the following is not a category of property? Real Personal Intellectual All of these are categories of property.

All of these are categories of property.

All of the following are types of patents except which of the following? Utility patent Design patents Plant patents All of these are types of patents.

All of these are types of patents.

Frank Furter rents a small building for his hot dog stand. The light fixture over the serving counter has a cable that is fraying. The frayed cable is an example of a(n): faulty defect. latent defect. reasonable defect. negligent repair.

latent defect.

An agreement in which an owner gives a tenant the right to use property is called a(n) _____. lease bailment abeyance gift deed

lease

When a trademark becomes a generic term, the trademark holder: must renew the name with the U.S. Patent and Trademark Office. can sue anyone who continues to use the trademark in an infringement action. loses trademark protection. loses common law rights, but can still enforce the trademark under federal law.

loses trademark protection.

Bertha's neighbor, Ted, is a hoarder. He has accumulated piles of garbage in his yard. The garbage is attracting rodents to the area and the odor is stinking up the neighborhood. Bertha and her neighbors may be able to take action against Ted using the doctrine of: nuisance. abatement. zoning. None of these

nuisance.

A _____ is a grant by the government permitting the inventor to exclude others from using or making an invention for a specific period, in exchange for public disclosure. trade secret patent trademark logo

patent

A lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year is a: fixed-term tenancy. tenancy at will. tenancy at sufferance. periodic tenancy.

periodic tenancy.

A person given temporary possession of the landlord's property is called a _____. licensor tenant bailor donor

tenant

An author of a novel who fails to register the work with the Library of Congress cannot take any legal action for copyright infringement. True False

true

Once a landlord makes a repair, he is liable for any resulting harm, regardless of whether he was required to make the repair. True False

true

Real property includes land and everything permanently attached to it. True False

true

The Constitution limits a government's exercise of its power of eminent domain. True False

true

Under tenancy in common, the co-tenants do not own a specific section of the property, but an equal interest in the entire property. True False

true

Xiang creates a new genetically altered plant in the laboratory. The plant can be patented. True False

true

aking private property for public use requires the payment of "just compensation." True False

true

Ben's Bagels is a bagel shop. Ben, the owner, has a hard time keeping cream cheese from spilling on the floor. This is a problem because a floor covered in cream cheese is very slippery. One day, Kim, a regular customer, slips on some cream cheese and is hurt. Who is liable for Kim's injury? Ben's landlord Ben's Bagels Kim, but only because she was a regular customer and should have been aware of the cream cheese issue. Kim

Ben's Bagels

What law related to contracts governs lease agreements extending more than a year? The Statute of Frauds The Ten Commandments The Ark of the Covenant The landlord-tenant relationship

The Statute of Frauds

Who among the following is liable for any resulting harm when a landlord volunteers to make repairs in areas in which he has no duty to make repairs and does the work badly? The tenant The broker The lessee The landlord

The landlord

Xuemei creates a unique dish and would like to protect the recipe. What is the best form of protection for this type of intellectual property? Utility Patent Copyright Trade Secret Design Patent

Trade Secret

Which of the following types of patents is granted to someone who makes a significant improvement to a hydraulic jack used to lift heavy vehicles? Plant patents Design patents Utility patents Provisional patents

Utility patents

Derrick buys a CD, but after listening to it decides he doesn't like the music. May he legally sell the CD to someone else? Yes, under the first sale doctrine. Yes, under the fair use doctrine. No, under any circumstances. Yes, but he cannot charge more for the CD than he paid for it himself.

Yes, under the first sale doctrine.

When a joint tenant dies: her interest goes to the majority owner. her interest goes to auction. her interest passes to her heirs as specified in her will. her interest in the property passes to the surviving joint tenants.

her interest in the property passes to the surviving joint tenants.

Plant Patent

A unique patent right granted to inventors of new forms of plants.

John rented an apartment from his landlord for a year when he first heard of the doctrine of adverse possession. He continued to pay rent, but he hung a sign on the front door that said, "Keep out! Property of John!" The landlord came to inspect the property--only from the outside--shortly thereafter. He said nothing about the sign and did not seek to enter the apartment. After the statutory period has passed, does John now own the property? No, because John's possession was not adverse or hostile. Yes, unless John allowed anyone else into the apartment. Yes, because John ousted the landlord and the public. No, because the landlord's inspection stopped the running of the statutory period.

No, because John's possession was not adverse or hostile.

Inventors who pay a fee and file a _____ Treaty patent application are granted patent protection in the 151 member countries for up to 30 months. Patent Law Berne Convention Geneva Convention Patent Cooperation

Patent Cooperation

Real property consists of: land. buildings. plants. all of these choices.

all of these choices.

A latent defect is a dangerous defect that the landlord knows about but realizes the tenant will not notice. True False

true

A leasehold can be residential or commercial. True False

true

Charlotte owns a craft store. She rents space in a large plaza. The landlord plows the driveway and sidewalks in the winter. One cold morning, a customer slips on ice in front of the store and is hurt. She says she is going to sue Charlotte. What should Charlotte tell her? "You fell in a common area, so sue my landlord, not me!" "I know I'm liable and I'm really sorry, please don't sue me!" "Because ice is formed by the weather, it is an act of God, so you don't have a case." "You should have been watching where you're going. It's your own fault."

"You fell in a common area, so sue my landlord, not me!"

The landlord of an apartment complex leased a building he owned nearby for use as a cocktail lounge. The residential tenants complained to the landlord about the late-evening and early-morning music and disturbances coming from the lounge. Although the lease for the lounge provided that entertainment had to be conducted so that it could not be heard outside the building and would not disturb the apartment tenants, the landlord was unsuccessful in remedying the problem. The tenants vacated their apartments. The landlord filed a lawsuit seeking to collect rent from the tenants who vacated. The court most likely held that the landlord was: -entitled to rent payments, because he had not breached the covenant of habitability. -not entitled to rent payments, because he had breached the covenant of habitability. -not entitled to rent payments, because he had breached the implied covenant of quiet enjoyment. -entitled to rent payments, because the tenants had breached their covenant of quiet enjoyment.

-not entitled to rent payments, because he had breached the implied covenant of quiet enjoyment.

Gertrude is planning to rent out an office space she owns. She knows that the office has a pipe in the bathroom that leaks, making the bathroom floor slippery. Keeping in mind modern trends in the law, how can Gertrude avoid being liable if someone slips and falls on the wet floor? By notifying the tenant of the latent defect By fixing the leak By providing a mop or towels to dry the floor Any of these choices

By fixing the leak

Which of the following is not a right included with the issuance of a federal patent? Exclusive authority to license use of the patented process or object. Exclusive authority to license manufacture of the patented object. Exclusive right to license sales of the patented process. Exclusive right for the inventor or patent-holder to use the invention forever.

Exclusive right for the inventor or patent-holder to use the invention forever.

Under what conditions may the U.S. government take your land? For a public purpose and with just compensation For a private purpose and with just compensation Whenever it pays fair market value for the land For a public purpose, with just compensation and the landowner's consent

For a public purpose and with just compensation

Rick wrote a song entitled "Wonderful." At the bottom of the first page of music he wrote "© 1990 by Rick Reed." Four months later, a local band was playing his song at a bar. Rick felt that the bar was an inappropriate setting for his music. What is his remedy? He has no recourse. Even if he did not register his copyright, he could bring an action for copyright infringement. If he registered his copyright he can bring an action for copyright infringement. None of these are correct.

If he registered his copyright he can bring an action for copyright infringement.

Matilda loves a particular privately owned nature preserve so much that she decides to try to adversely possess it. She pitches a tent each night in a different part of the preserve and makes sure to avoid the true owners and other campers whenever they enter the preserve. She uses low impact techniques so that she leaves virtually no evidence of where she has been. She does this for the full statutory period. Has she gained an ownership interest in the land? Yes, because she avoided the true owner's detection for the statutory period. No, because her occupancy was neither exclusive nor open and notorious. No, because she did not go to court to oust the true owner. Yes, because the true owners could have found her if they tried.

No, because her occupancy was neither exclusive nor open and notorious.

Kristen and Roberta own a property in joint tenancy. Kristen decides to sell her interest but tells Roberta not to worry because under survivorship, the interest will revert to Roberta when the new owner dies. Is Kristen correct? Yes, as long as Kristen has a majority share. Yes, because survivorship continues after a sale. No, because Roberta is not Kristen's heir. No, because the joint tenancy is severed once Kristen sells her interest.

No, because the joint tenancy is severed once Kristen sells her interest.

Although the modern trend has been to hold landlords liable under the normal rules of negligence law, in the past what could landlords usually do to avoid liability for injuries? Tell plaintiffs they had to sue the tenant Notify tenants of latent defects Classify the property as being for public use Nothing, they were always liable

Notify tenants of latent defects

On the same day in 2014, two people--Abbot in New York, and Costello in Seattle--apply for a patent on a new hydrogen-powered engine. They worked independently, and then each simply mailed their applications to the Patent and Trademark Office (PTO). Who will get the patent? The one whose application arrives first The one who has already sold his designs The one who had a working model engine first The one who has plans for a commercial operation

The one whose application arrives first

Tom rents a store in a shopping mall. A patron is walking into the store from the mall hallway, when a pane of glass from the ceiling falls on her head. Who is liable for the patron's injury? The owners of the mall Tom The customer All of these choices

The owners of the mall

Research Corp. applied for a patent for a so-called half toning technique that uses a mathematical formula to enable monitors and printers with limited color options to simulate a wider range of colors. Is this technique patentable? Yes, because it is a process. No, because it is too abstract. No, because it used mathematical algorithms. Yes, because it is abstract.

Yes, because it is a process.

In a state with a ten-year statutory period for adverse possession, Matilda moved into a vacant, foreclosed house. She had the utilities turned on, mowed the lawn regularly and lived in the house for the ten-year period. Does she now own the house? Yes, via the doctrine of adverse possession. No, the bank has a superior right. No, she has a co-tenancy with the prior owner. Yes, because she lived in the house alone.

Yes, via the doctrine of adverse possession.

An entrepreneur wishes to open a nightclub in Hilary's residential neighborhood. What might Hilary rely on to try and prevent the entrepreneur from opening the club? Nuisance law Eminent domain Zoning ordinances A variance

Zoning ordinances

A thing that was once personal property but has become attached to real property in such a way that it takes on the characteristics of real property and becomes part of that real property is referred to as: personal-real property. real personalty. a fixture. none of these choices.

a fixture.

Latent Defect

a hidden structural defect that would not be discovered by ordinary inspection

When a co-tenant demands a division of property, the court will normally attempt: a partition by kind. a partition by age. a partition by bid. None of these choices.

a partition by kind.

design patent

a patent that offers protection for the way a product looks

Utility Patent

a patent that protects the way an invention is used and works

The Copyright Act protects: computer programs. computers. computer symbols. computer chips.

computer programs.

When two or more people own real property at the same time, they have _____. defeasible estates concurrent estates life estates leasehold estates

concurrent estates

The hot water in June's apartment was not working for a month, despite her repeated pleas to her landlord to fix the problem. June may have a claim of: constructive eviction. actual eviction. quiet enjoyment. None of these.

constructive eviction.

An act that forces a tenant to abandon the property is called a(n) _____. easement eviction condition reversion

eviction

A landlord's act of depriving a tenant of possession of the leased premises is known as a(n): implied eviction. eviction. constructive eviction. none of these choices.

eviction.

A college professor who distributes copies of a copyrighted journal article without permission from the journal would absolutely be violating the federal Copyright Act. True False

false

A tenancy for years is created when a lease does not specify its duration. True False

false

Eminent domain refers to the ultimate right of an owner in fee simple absolute to transfer the property by will to whomever he or she wishes. True False

false

Factories can be built only in areas zoned for industrial use, but light impact businesses can be built anywhere. True False

false

Lisa moved out of her old apartment six months ago. Lenny, her landlord has still not returned her security deposit or notified her of the cost of any damages he uncovered in the apartment. From this information, it is clear that Lisa is entitled to double or triple damages. True False

false

Only the federal government has the power of eminent domain. True False

false

Tenancy in common limits the ownership of property to 22 co-tenants. True False

false

Zoning statutes are federal laws that permit local communities to regulate building and land use. True False

false

Which of the below is required for an adverse possessor to clearly assert that the land is his? initially occupy the land with the true owner's permission protect possession the way any normal landowner would register a deed erect "No Trespassing" signs

protect possession the way any normal landowner would

Antonio, an accountant, rents an office from Ralph, an investment manager. Antonio asks Ralph to get a loose banister along the stairs in the office fixed. Ralph agrees and comes to fix the banister himself that afternoon. The next day, Antonio is walking up the stairs and the banister comes loose, sending him tumbling down the stairs. Who is liable? Antonio Ralph Antonio and Ralph Neither Antonio nor Ralph

ralph

A two-hundred-year-old oak tree located on a piece of property is considered to be: chattel. real property. personal property. an appurtenance to real property.

real property.

Plant life, both natural and cultivated, is also considered to be: personalty. personal property. real property. natural property.

real property.

Dwelling Investment Corporation owns several apartment buildings in two states. Regarding standards for the maintenance of the buildings, Dwelling should consult: the appropriate city ordinances and state statutes. the appropriate state statutes only. the Uniform Landlords' Maintenance Manual. the appropriate city statutes only.

the appropriate city ordinances and state statutes.

Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes: neither the crops nor the trees. the crops and the trees. the crops only. the trees only.

the crops and the trees.

Beth rents a basement apartment from Carl. Carl refuses to reseal the walls, and the basement floods every time it rains. Carl has breached: nothing. the implied warranty of habitability. the warranty against waste. the covenant of quiet enjoyment.

the implied warranty of habitability.

Model Farms, Inc., owns land in Nebraska. Attached to the land are natural products (crops, grasses, and trees) and structures (houses and farm buildings). The "land" includes: neither the natural products nor the structures. the natural products and the structures. the natural products only. the structures only.

the natural products and the structures.

Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn, and other structures permanently attached. Kailin grows soybeans on the property. A pond lies within the boundaries. Land includes: the pond and the soil only. the pond, the soil, and the structures. the soil only. the structures and the soil only.

the pond, the soil, and the structures.

Bay City wants to acquire undeveloped land within the city limits to convert into a public park. Bay City brings a judicial proceeding to obtain title to the land. This is: an easement. adverse possession. constructive eviction. the power of eminent domain.

the power of eminent domain.

A tenant's foremost obligation to the landlord is: to pay rent. to pay taxes. to mitigate damages. to maintain the premises.

to pay rent.

Which of the following changes would typically be considered reasonable changes for a tenant to make to a leased property? using a nail to hang up a picture. removing a kitchen wall. removing the carpeting. None of these would be reasonable.

using a nail to hang up a picture.

Helen owns a piece of property in joint tenancy with Herb. When she dies, her interest in the property: will be taken over by the state. will be put on the market. will go to Herb. will go to her heirs.

will go to Herb.